Robert J. Pachinger v. Mgm Grand Hotel-Las Vegas, Inc., & Does I Through V, Inclusive, 802 F.2d 362 (9th Cir. 1986). · Go Syfert
Robert J. Pachinger v. Mgm Grand Hotel-Las Vegas, Inc., & Does I Through V, Inclusive, 802 F.2d 362 (9th Cir. 1986). Cases Citing This Book View Copy Cite
152 citation events (124 in the last 25 years) across 20 distinct courts.
Strongest positive: Bolero v. McCarley (nvd, 2024-11-13)
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discussed Cited as authority (verbatim quote) Bolero v. McCarley
D. Nev. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
the amount in 20 controversy is normally determined from the face of the pleadings.
discussed Cited as authority (rule) Brent Jason v. Adobe, Inc. and Does 1-10 (2×) also: Cited "see"
D. Or. · 2026 · confidence medium
Although the Court must generally take the allegations in the complaint at face value, the Court need not accept unsupported allegations “when a rule of law or limitation of damages would make it virtually impossible for a plaintiff to meet the amount-in-controversy requirement.” Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986); Cf. Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Found., Inc., 484 U.S. 49, 65 (1987) (“Our acknowledgment that Congress intended a good-faith allegation to suffice for jurisdictional purposes, however, does not give litigants lic…
discussed Cited as authority (rule) Juan Carlos Herrera v. C & J Clark America Inc, et al.
N.D. Cal. · 2025 · confidence medium
Despite this clear holding, 19 Plaintiff asserts “[t]he Greene court itself disclaims such a conclusion” when Greene stated: 20 Greene argues that courts can inquire into potential recovery in assessing the amount in controversy, citing Pachinger v. MGM Grand 21 Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986), and Morris v. Hotel Riviera, Inc., 704 F.2d 1113, 1115 (9th Cir. 1983).
discussed Cited as authority (rule) Staci Carney v. West Coast Self Storage Group
D. Or. · 2025 · confidence medium
The Ninth Circuit has identified three situations where the legal certainty standard is clearly met: “1) when the terms of a contract limit the plaintiff’s possible recovery; 2) when a specific rule of law or measure of damages limits the amount of damages recoverable; and 3) when independent facts show that the amount of damages was claimed merely to obtain federal court jurisdiction.” Pachinger v. MGM Grand Hotel-Las Vegas, 802 F.2d 362, 364 (9th Cir. 1986) (quoting 14A Wright, Miller, and Cooper, Federal Practice and Procedure, Jurisdiction, § 3702 at 48–50 (2d ed. 1985)).
cited Cited as authority (rule) Mendoza v. Costco Wholesale Corporation
D. Nev. · 2025 · confidence medium
See id. at 288–89; 20 Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986).
cited Cited as authority (rule) Jones v. Cheairs
W.D. Wash. · 2025 · confidence medium
Pachinger v. MGM Grand Hotel-Las 21 Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986); see also Geographic Expeditions, Inc. v. Estate of 22 Lhotka ex rel.
cited Cited as authority (rule) Mark Montano v. AutoZoners, LLC
C.D. Cal. · 2025 · confidence medium
Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986) (internal citations omitted).
cited Cited as authority (rule) Ferrari Financial Services, Inc. v. Murapa
D. Nev. · 2025 · confidence medium
Pachinger v. MGM Grand 17 Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986).
cited Cited as authority (rule) Bailey v. American Research Bureau
W.D. Wash. · 2025 · confidence medium
“The 6 amount in controversy is normally determined from the face of the pleadings.” Pachinger v. 7 MGM Grand Hotel–Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir.1986).
discussed Cited as authority (rule) Brugman v. State Farm Mutual Automobile Insurance Company
D. Nev. · 2025 · confidence medium
See 26 id. at 288–89; Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986). 1 However, like in this case, when removal jurisdiction is challenged by a plaintiff, evidence 2 establishing the amount in controversy is required.
cited Cited as authority (rule) Onshore Quality Control Services LLC v. Bromley
E.D. Wash. · 2025 · confidence medium
“The amount in 17 controversy is normally determined from the face of the pleadings.” Pachinger v. MGM 18 Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986).
cited Cited as authority (rule) Kaiser v. Wells Fargo Clearing Services, LLC
D. Nev. · 2025 · confidence medium
See 17 Id. at 288–89; Pachinger v. MGM Grand Hotel–Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986).
discussed Cited as authority (rule) Beckstrom v. Geico General Insurance Company
D. Nev. · 2024 · confidence medium
See 19 id. at 288–89; Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986). 20 However, like in this case, when removal jurisdiction is challenged by a plaintiff, evidence 21 establishing the amount in controversy is required.
discussed Cited as authority (rule) Carter v. Wells Fargo & Company
N.D. Cal. · 2024 · confidence medium
The complaint may be dismissed if it is “virtually 2 impossible for a plaintiff to meet the amount-in-controversy requirement.” Pachinger v. MGM 3 Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986). 4 Plaintiff’s disputed transactions amount to a total of $53.71.
cited Cited as authority (rule) Silver State Ford v. Key Insurance Company
D. Nev. · 2024 · confidence medium
See id. at 288–89; Pachinger v. MGM Grand Hotel- 22 Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986).
cited Cited as authority (rule) American Express National Bank v. Goldsmith
D. Nev. · 2024 · confidence medium
Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th 3 || Cir. 1986); see Franklin v. Car.
cited Cited as authority (rule) Johnson v. PAM Specialty Hospital of Las Vegas, LLC
D. Nev. · 2024 · confidence medium
See id. at 288–89; Pachinger v. MGM Grand Hotel- 10 Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986).
discussed Cited as authority (rule) Caywood v. Hovendick
D. Nev. · 2024 · confidence medium
“Only three 6 situations clearly meet the legal certainty standard: 1) when the terms of a contract limit the 7 plaintiff’s possible recovery; 2) when a specific rule of law or measure of damages limits the 8 amount of damages recoverable; and 3) when independent facts show that the amount of damages 9 was claimed merely to obtain federal court jurisdiction.” Id. (citing Pachinger v. MGM Grand 10 Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986)). 11 Here, neither Mr. Hovendick nor Mr. Caywood address any of the factors.
discussed Cited as authority (rule) Neilsen v. State Farm Mutual Automobile Insurance Company
D. Nev. · 2024 · confidence medium
Id. 12 at 288–89; Pachinger v. MGM Grand Hotel–Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986). 13 However, when removal jurisdiction is challenged by the plaintiff, the burden lies with the 14 defendant to show by a preponderance of the evidence that the amount in controversy 15 requirement is satisfied.
discussed Cited as authority (rule) Manukyan v. Albertson's LLC
D. Nev. · 2024 · confidence medium
See id. at 288–89; 21 Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986). “[A] 22 defendant’s notice of removal need include only a plausible allegation that the amount in 23 controversy exceeds the jurisdictional threshold.” Dart Cherokee Basin Operating Co., LLC v. 24 Owens, 574 U.S. 81 , 89 (2014). 25 But where, as here, removal jurisdiction is challenged by the plaintiff, evidence 26 establishing the amount in controversy is required.
cited Cited as authority (rule) Valle Padilla v. State Farm Mutual Automobile Insurance Company
D. Nev. · 2024 · confidence medium
See id. at 288–89; 9 Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986).
discussed Cited as authority (rule) Angelo v. Thomson International, Incorporated
E.D. Cal. · 2024 · confidence medium
In such cases, courts apply the “legal certainty” test to 6 determine whether the complaint meets § 1332(a)’s amount in controversy requirement. 7 Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363-64 (9th Cir. 1986) (adopting 8 the “legal certainty test”).
discussed Cited as authority (rule) Lee v. The Vons Companies, Inc.
D. Nev. · 2024 · confidence medium
See 23 id. at 288–89; Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986). 24 However, like in this case, when removal jurisdiction is challenged by a plaintiff, evidence 25 establishing the amount in controversy is required.
discussed Cited as authority (rule) Stevens v. Lee
D. Idaho · 2024 · confidence medium
This standard “makes it very difficult to secure a dismissal of a case on the ground that it does not appear to satisfy the jurisdictional amount requirement.” Pachinger v. MGM Grand Hotels-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986) (cleaned up).
discussed Cited as authority (rule) Mark Lee Scripter v. Select Portfolio Servicing, Inc.
C.D. Cal. · 2023 · confidence medium
One instance where this legal-certainty exception applies is where “a rule of law or limitation of damages would make it virtually impossible for a plaintiff to meet the amount-in- ______________________________________________________________________________ CIVIL MINUTES – GENERAL 1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL Case No. 2:23-cv-07915-JLS-MAA Date: October 18, 2023 Title: Mark Lee Scripter v. Select Portfolio Servicing, Inc. et al controversy requirement.” Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1…
discussed Cited as authority (rule) Private Client Fiduciary Corporation v. Chopra (2×) also: Cited "see, e.g."
W.D. Wash. · 2023 · confidence medium
Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986) 4 (observing that this will occur in only a “few cases”).
cited Cited as authority (rule) Firley v. Walmart Inc.
D. Nev. · 2023 · confidence medium
Paul, 303 U.S. at 288–89; Pachinger v. MGM Grand Hotel–Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 14 1986).
discussed Cited as authority (rule) Kenneth Johnson v. Prologis NA2 U.S., LLC
C.D. Cal. · 2022 · confidence medium
Dismissal of a complaint that alleges a figure above the jurisdictional minimum is only appropriate “when a rule of law or limitation of damages would make it virtually impossible for a plaintiff to meet the amount-in-controversy requirement.” Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986).
discussed Cited as authority (rule) QEMQ, Inc. v. Geekland USA
E.D. Cal. · 2022 · confidence medium
The legal certainty 25 standard is met “when a rule of law or limitation of damages would make it virtually 26 impossible for a plaintiff to meet the amount-in-controversy requirement.” Pachinger v. 27 MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986) (emphasis added). 28 /// 1 Defendant contends that Plaintiff “does not cite any basis, contractual or 2 otherwise, for recovery of the damages it seeks.” Def.’s Mot. at 8.
cited Cited as authority (rule) Fantagraphics Books Inc v. Ferris
W.D. Wash. · 2022 · confidence medium
Pachinger v. MGM Grand 17 Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986); Flores v. Safeway, Inc., C19-0825-JCC, 18 2019 WL 4849488 , at *3 (W.D.
cited Cited as authority (rule) Nguyen v. United Financial Casualty Company
D. Nev. · 2022 · confidence medium
Paul, 303 U.S. at 288-89 ; Pachinger v. MGM Grand Hotel–Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 8 1986).
cited Cited as authority (rule) Allstate Property and Casualty Insurance Company v. Plautz
W.D. Wash. · 2022 · confidence medium
Naffe v. Frey, 789 F.3d 1030, 1039 (9th 14 Cir. 2015); Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363-64 (9th Cir. 15 1986) (adopting the “legal certainty” test).
discussed Cited as authority (rule) GEICO Choice Insurance Company v. Aparicio
D. Nev. · 2021 · confidence medium
Co., 511 U.S. 375, 377 (1994) (citation omitted). 20 10 ECF No. 29 at 57. 21 11 Id. at 9–10 (emphasis omitted). 22 12 ECF No. 26 at 4. 13 Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986). 23 14 Crum, 231 F.3d at 1131 (citing St.
discussed Cited as authority (rule) Country Mutual Insurance Co. v. Kambic
D. Alaska · 2021 · confidence medium
In general, the amount in controversy is determined by the district court on the face of the pleadings at the time of filing.27 Jurisdiction attaches if the plaintiff, in good faith, claims more than the requisite amount.28 Therefore, to justify dismissal, “it must appear to a legal certainty that the claim is really less than the jurisdictional amount.”29 In actions for declaratory relief, “the amount in controversy is measured by the value of the object of the litigation.”30 Specifically, in actions “brought either by the insured or the insurer as to the validity of the entire cont…
cited Cited as authority (rule) Leo India Films Ltd. v. godaddy.com, LLC
9th Cir. · 2021 · confidence medium
Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986).
discussed Cited as authority (rule) Ng Chie v. Citigroup, Inc.
N.D. Cal. · 2021 · confidence medium
Only three 3 situations clearly meet the legal certainty standard: 1) when the terms of a contract limit the 4 plaintiff’s possible recovery; 2) when a specific rule of law or measure of damages limits the 5 amount of damages recoverable; and 3) when independent facts show that the amount of damages 6 was claimed merely to obtain federal court jurisdiction.” Pachinger v. MGM Grand Hotel-Las 7 Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986) (quoting 14A Wright, Miller, & Cooper, Federal 8 Practice & Procedure, Jurisdiction § 3702, at 48-50 (2d ed. 1985)). 9 Here, the plaintiffs allege the l…
discussed Cited as authority (rule) Clair v. Zink
M.D. Tenn. · 2020 · confidence medium
Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986) (quoting 14A Wright, Miller, and Cooper, Federal Practice and Procedure, Jurisdiction, § 3702 at 48–50 (2d ed. 1985)).
discussed Cited as authority (rule) State Farm Mutual Automobile Insurance Company v. Bui
D. Nev. · 2020 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283 , 288–89 (1938) 20 (“It must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal.”). 21 36 Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986) (“Only three situations clearly meet the legal certainty standard: 1) when the terms of a contract limit the 22 plaintiff’s possible recovery; 2) when a specific rule of law or measure of damages limits the amount of damages recoverable; and 3) when independent facts shown that the amount of 23 damages was claimed merely t…
cited Cited as authority (rule) Hsu v. First Bank
N.D. Cal. · 2020 · confidence medium
Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986).
discussed Cited as authority (rule) Matthew Greene v. Harley-Davidson, Inc.
9th Cir. · 2020 · confidence medium
Greene argues that courts can inquire into potential recovery in assessing the amount in controversy, citing Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986), and Morris v. Hotel Riviera, Inc., 704 F.2d 1113, 1115 (9th Cir. 1983).
discussed Cited as authority (rule) Gingold v. Itronics, Inc.
D. Nev. · 2020 · confidence medium
The Ninth 6 Circuit has said that the legal certainty standard is met in only three situations: 7 1) when the terms of a contract limit the plaintiff’s possible recovery; 2) when a specific rule of law or measure of damages limits the amount of damages 8 recoverable; and 3) when independent facts show that the amount of damages was claimed merely to obtain federal court jurisdiction. 9 10 Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986). 11 Plaintiffs repeatedly allege that the amount in controversy exceeds $75,000.
discussed Cited as authority (rule) Aimsley Enterprises Inc. v. Merryman
N.D. Cal. · 2020 · confidence medium
In the Pachinger case, the Ninth Circuit stated 26 that: “[o]nly three situations clearly meet the legal certainty standard: 1) when the terms of a 27 contract limit the plaintiff's possible recovery; 2) when a specific rule of law or measure of 1 amount of damages was claimed merely to obtain federal court jurisdiction.” Pachinger v. MGM 2 Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986) (citing 14A Wright, Miller, and 3 Cooper, FEDERAL PRACTICE AND PROCEDURE, Jurisdiction, § 3702 at 48–50 (2d ed. 1985)). 4 However, more recent Ninth Circuit authority holds that a contrac…
cited Cited as authority (rule) Leo India Films Limited v. GoDaddy.com LLC
D. Ariz. · 2020 · confidence medium
Pachinger v. MGM Grande 4 Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th Cir. 1986).
discussed Cited as authority (rule) HSBC Bank USA, N.A. v. Fidelity National Title Insurance Company
D. Nev. · 2020 · confidence medium
The Ninth Circuit has said that the legal certainty standard is met in only three 17 situations: 18 1) when the terms of a contract limit the plaintiff's possible recovery; 2) when a specific rule of law or measure of damages limits the amount of damages 19 recoverable; and 3) when independent facts show that the amount of damages was claimed merely to obtain federal court jurisdiction. 20 21 Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986). 22 Fidelity argues that HSBC has not yet suffered an indemnifiable loss under the 23 Policy—not only did the state court …
discussed Cited as authority (rule) (PS) Awadan v. Reebok Corporate Headquarter
E.D. Cal. · 2019 · confidence medium
“The sum claimed by the plaintiff” is generally accepted as the amount in controversy, as 19 long as it is “apparently made in good faith.” However, if it appears “to a legal certainty that the 20 claim is really for less than the jurisdictional amount,” remand is justified for lack of jurisdiction. 21 Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986). “[T]he court 22 ‘may go beyond the pleadings for the limited purpose of determining the applicability’ of a rule 23 of law that limits damages.” In re Brown, No BAP NV-16-1099-KULJU, 2017 WL 1149…
discussed Cited as authority (rule) Progressive Direct Insurance Company v. Madrigal de Mendoza
E.D. Wash. · 2019 · confidence medium
Id. “[T]he legal certainty test 2 makes it very difficult to secure a dismissal of a case on the ground that it does not 3 appear to satisfy the jurisdictional amount requirement.” Id. (quoting Pachinger v. 4 MGM Grand Hotel, Inc., 802 F.2d 362, 364 (9th Cir. 1986) (quoting 14A Wright, 5 Miller, and Cooper, Federal Practice & Procedure, Jurisdiction § 3702, at 48–50 6 (2d ed. 1985))). 7 DISCUSSION 8 Plaintiffs argue that the Court must use the insurance policy’s maximum PIP 9 coverage rate to determine the amount in controversy.
cited Cited as authority (rule) Flores v. Safeway Inc
W.D. Wash. · 2019 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283 , 288–90 (1938); 11 Gaus, 980 F.2d at 566 ; Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th 12 Cir. 1986)).
discussed Cited as authority (rule) (PS) Awadan v. Reebok Corporate Headquarter
E.D. Cal. · 2019 · confidence medium
“The sum claimed by the plaintiff” is generally accepted as the amount in 17 controversy, as long as it is “apparently made in good faith.” However, if it appears “to a legal 18 certainty that the claim is really for less than the jurisdictional amount,” remand is justified. 19 Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986). “[T]he court 20 “may go beyond the pleadings for the limited purpose of determining the applicability” of a rule of 21 law that limits damages.
discussed Cited as authority (rule) FL1, a series of Funlife, LLC v. J. Carol Duncan
C.D. Cal. · 2019 · confidence medium
Leite v. Crane Co., 749 F.3d 1117 , 18 1121 (9th Cir. 2014) (quoting Safe Air, 373 F.3d at 1039 ) (“A ‘facial’ attack accepts 19 the truth of the plaintiff’s allegations but asserts that they ‘are insufficient on their face 20 to invoke federal jurisdiction.’”). 21 “The amount in controversy is normally determined from the face of the 22 pleadings.” Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363 (9th 23 Cir. 1986).
discussed Cited as authority (rule) Eli Mellor v. West Trop Storage, LLC
9th Cir. · 2016 · confidence medium
See 28 U.S.C. § 1332 (a) (requirements for diversity jurisdiction); Pach inger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 363-64 (9th Cir. 1986) (“The amount in controversy is normally determined from the face of the pleadings....
Retrieving the full opinion text from the archive…
Robert J. PACHINGER, Plaintiff-Appellant,
v.
MGM GRAND HOTEL-LAS VEGAS, INC., and Does I Through V, Inclusive, Defendants-Appellees
85-2648.
Court of Appeals for the Ninth Circuit.
Oct 15, 1986.
802 F.2d 362
1986 U.S. App. LEXIS 32250
Robert J. Handfuss, Las Vegas, Nev., for plaintiff-appellant., Janice A. Hodge, Jim Olson, Rawlings, Olson & Cannon, Las Vegas, Nev., for defendants-appellees.
Farris, Norris, Hall.
Cited by 97 opinions  |  Published
FARRIS, Circuit Judge:

Robert Pachinger appeals from the district court’s dismissal for lack of subject-matter jurisdiction. The district court ruled that, because the Nevada Innkeeper statute limited Pachinger’s recovery to less than the $10,000 amount-in-controversy required in diversity cases by 28 U.S.C. § 1332, the court lacked jurisdiction. We affirm.

I.

Upon his arrival at the MGM Grand Hotel in Las Vegas, Pachinger, a jewelry salesman, checked his luggage and jewelry samples with the bellhop at the door. Pachinger told the bellhop that the samples were valuable. The bellhop assured him that the hotel would safeguard the valuables. The bellhop gave Pachinger a claim check that referred to the availability of safe deposit boxes in the hotel and that purported to limit MGM’s liability to $250. Inside the lobby Pachinger attempted to follow the bellhop and his bags into an “Employees Only” storage area but was turned away with the assurance that his bags were safe. After checking in and going to his room, Pachinger received his luggage and discovered that one of the cases of jewelry samples was missing. It was never found.

Pachinger sued in the Southern District of Nevada in diversity, alleging that the stolen jewelry was worth approximately $19,000. MGM moved to dismiss for lack of subject matter jurisdiction, contending that the Nevada Innkeeper statute (Nev. Rev.Stat. § 651.010 (1985)) limited MGM’s liability to $750, thus depriving the federal court of jurisdiction for lack of the $10,000 amount in controversy. Pachinger responded by arguing that the Nevada statute did not apply because he was not a “guest” at the time of the theft and did not receive the notice required in § 651.010. He also argued that the $250 limitation on the claim check is ineffective because of non-compliance with the notice provisions in § 651.010 and as against public policy.

The district court held that because the statute limited Pachinger’s recovery to $750, he did not meet the $10,000 amount in controversy and that the court therefore lacked subject matter jurisdiction under 28 U.S.C. § 1332. We review dismissals for lack of subject-matter jurisdiction de novo. McIntyre v. United States, 789 F.2d 1408, 1410 (9th Cir.1986).

II.

The amount in controversy is normally determined from the face of the pleadings. In the seminal case, St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 288-89, 58 S.Ct. 586, 590, 82 L.Ed. 845 (1938), the Supreme Court described the test this way:

The rule governing dismissal for want of jurisdiction in cases brought in federal court is that, unless the law gives a[*364] different rule, the sum claimed by the plaintiff controls if the claim is apparently made in good faith.
It must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal. Id. (footnotes omitted).

Wright, Miller, and Cooper describe the application of the legal certainty test:

Generally speaking, the legal certainty test makes it very difficult to secure a dismissal of a case on the ground that it does not appear to satisfy the jurisdictional amount requirement. Only three situations clearly meet the legal certainty standard: 1) when the terms of a contract limit the plaintiffs possible recovery; 2) when a specific rule of law or measure of damages limits the amount of damages recoverable; and 3) when independent facts show that the amount of damages was claimed merely to obtain federal court jurisdiction.

14A Wright, Miller, and Cooper, Federal Practice and Procedure, Jurisdiction, § 3702 at 48-50 (2d ed. 1985).

Following the tenor of Wright, Miller, and Cooper, in the Ninth Circuit we have permitted a determination of “legal certainty” when a rule of law or limitation of damages would make it virtually impossible for a plaintiff to meet the amount-in-controversy requirement. For example, in Morris v. Hotel Riviera, Inc., 704 F.2d 1113 (9th Cir.1983), we affirmed a dismissal for lack of subject-matter jurisdiction when a Nevada hotel asserted the same innkeeper limitation of liability that MGM asserts here (§ 651.010). The plaintiffs in Morris contended that the statute violated the equal protection clause and thus did not operate as a limit on the hotel’s liability. We held that the statute did not violate the Morrises’ right to equal protection and that they consequently fell short of the jurisdictional amount. Id. at 1114-15. We noted in Morris that our analysis resulted in a determination on the merits prior to a determination of jurisdiction (i.e., a Fed.R. Civ.P. 12(b)(6) or Rule 56 determination before a Rule 12(b)(1) determination), but we found support both in prior cases and in the propriety of deciding the applicability of a rule of law which would limit the plaintiff's recovery to a “legal certainty” below $10,000. Id. at 1115.

We see no reason to depart from Morris. In so doing we do not ignore cases that disagree with our analysis. See, e.g., Zacharia v. Harbor Island Spa, Inc., 684 F.2d 199, 202 (2d Cir.1982). We conclude that in the few cases involving a rule or measure of damages that limits liability, we may go beyond the pleadings for the limited purpose of determining the applicability of the rule or measure of damages.

III.

In order to decide the jurisdictional question, we must first determine whether § 651.010 applies to Pachinger. Section 651.010(2) states that where a hotel provides a safe deposit box and notice of this service either is personally given to a guest or is posted in the office and the guest’s room, the hotel is not liable for property not offered for deposit unless the hotel was grossly negligent. Appellant was personally given notice of the existence of the safe deposit box service when he checked his bags and received in return a claim check stating that the hotel assumed only limited liability for checked baggage and that a safe deposit box service for valuables was available in the hotel. Thus, in Pachinger’s case, proper notice under § 651.010 was effected.

Appellant contends, however, that he was not a guest at the time he received his claim check, and that § 651.010 is therefore inapplicable to him. We disagree. Pachinger behaved as a guest of the hotel and made use of the baggage check service provided specifically for guests of the hotel. As the district court properly remarked, “the legal relationship of innkeeper and guest was established at the time plaintiff checked his luggage with the hotel and received his claim check containing the declaration of liability limitations.” Order Granting Defendant’s Motion to Dismiss, at[*365] 3, Pachinger v. MGM Grand Hotel, Inc., (D.Nev.1985). 618 F.Supp 218. The district court did not err in holding that Pachinger was a guest and that, as a result, his recovery was limited by § 651.010 to $750.

Pachinger argues on appeal that, because of the bellhop’s assurances, MGM is estopped to argue the limitation of liability in § 651.010. This argument was not raised in the district court and is not referred to in MGM’s brief. Under the practice that appellate courts will not normally hear arguments that are not raised in the district court, Quinn v. Robinson, 783 F.2d 776, 814 (9th Cir.1986), we do not address this issue. None of the exceptions to this practice are applicable. See Bolker v. Commissioner, 760 F.2d 1039, 1042 (9th Cir.1985).

Pachinger also raises the argument, not reached by the district court, that the claim check’s limitation of liability is ineffective. We need not address this argument since we agree with the district court that § 651.010 is applicable. Because § 651.010 limits Pachinger’s potential recovery to $750, the claim check’s limitation on liability is immaterial.

AFFIRMED.